Decell v. Hazlehurst Oil Mill & Fertilizer Co.

Mississippi Supreme Court
Decell v. Hazlehurst Oil Mill & Fertilizer Co., 83 Miss. 346 (Miss. 1903)
Calhoon

Decell v. Hazlehurst Oil Mill & Fertilizer Co.

Opinion of the Court

CalhooN, J.,

delivered the opinion of the court.

The bill of appellant calls on Decell to account as its agent for money, etc., misappropriated by him in his prosecution of that agency. It sets up that it had two businesses — one as an oil mill, on which, on a misconstruction of the law, it had not paid the privilege tax; and the other as a fertilizer company, on which it had paid the privilege tax, and it is on the fertilizer business it charges misappropriation and demands accounting. Decell demurred on the ground that appellant was one corporation simply, with two branches of business, and, as shown by the. bill, had but one set of books, and the nonpayment of the privilege tax was a complete defense to the claims of either branch of the business, and on the ground that there was a complete remedy at law. The court took jurisdiction, and decreed that Decell should account, and we will not disturb the decree on the ground of want of jurisdiction. Mr. Decell is compellable to account with appellant on both branches of its business for what he did as agent. The law making void the contracts of those in reference to their business carried on in disregard of the privilege tax act does not shield Mr. Decell. It has no reference to dealers inter sese and their agents in the conduct of their business.. It does not authorize or condone embezzlement, nor prevent partners or stockholders from requiring honest settlements among themselves or from their agents. One engaged or employed in the business cannot set up the statute the design of which was- to get revenue by *351malting contracts void in dealings with the outside world, not in the inside management of the business. Howe v. Jolly, 68 Miss., 323, 8 South., 513; Gilliam v. Brown, 43 Miss., 641.

The decree overruling demurrer to the hill is affirmed and the cause is remanded with sixty days to appellant to answer after mandate filed helow.

Reference

Full Case Name
William A. Decell v. Hazlehurst Oil Mill and Fertilizer Company
Cited By
4 cases
Status
Published
Syllabus
1. Equity Jueisdiction. Agent. Misappropriation of funds. Accounting. Const. 1890, sec. 147. When a court of equity has taken jurisdiction of a proceeding to compel an agent to account for misappropriated funds, its decree will not he disturbed on appeal on the ground that the complainant had a complete remedy at law. 2. Same. Privilege tax. Non-payment by principal. Code 1892, ? 3401. The nonpayment by his principal of the privilege tax imposed upon his business will not shield an agent employed therein from liability for misappropriation of money in the conduct of such business, the law rendering void all contracts made in reference to the business during the period of delinquency not relating to contracts between those engaged in the business, but to those with outside parties.